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But my point is with the LL being told this and he wanting her out as well if she is not renewing the lease, I would think the LL would be more than willing to send her a letter which is going to have a lot more clout than just what the roommates are telling her. And also, with the roommates notifying the LL the LL can give them advice on what to do or the LL can tell her in the letter that he will be there on the 7/31 to make sure she has moved out and to get her keys. I highly doubt she is going to mess with the LL unless, of course, she is a total psycho
This is not a lease renewal because there are new signatories to the lease. It's technically (and legally) a new lease with new tenants even though some may be remaining and it may be for the same physical unit. The landlord would have to act against the previous lease signers as a single party as they signed that expired lease.
I live with 2 other girls. Myself and another girl are on the lease. The lease will be up July 31st. The other girl who is on the lease with me will NOT be resigning this lease. She said she has a new place that isnt available till sept. 1st. She told me today she will not be leaving till the end of August. Myself and my other roommate DO NOT want her staying since she is the roommate from hell. I kid you not. My question is does she have any legal rights to stay in the apt since her name will no longer be on the lease come August 1st. My name and my other roommate will be signing the lease. The one who will no longer be on the lease keeps telling me and my other roommate she is staying and has the right to stay even tho she isn't on the lease. I can't imagine this to be true at all. can someone please let me know. We also have another girl, a friend of mine wanting to move in and be on the lease with us.
thank you!
When do you sign the new lease?? I would inform your LL, and have them send her a 30 day eviction. Or, can you two just go to a 30 day lease, so that you can move with just a 30 day notice too.
Correct me if I'm wrong, but don't most states have some type of residency law so that even if a person isn't on the lease, they can't just be thrown out of someplace they are living without notice?
I may not have worded it correctly so I'll try it this way. A friend and his sister rented an apartment together. The sister started dating a guy and he started spending the night. Then he would be over there all day and night for a couple days at a time. He then started moving his things in. He wasn't on the lease, but they never did anything to stop him so for all intents and purposes, they were allowing him to move in even though he wasn't on the lease. Him and her broke up, but he wouldn't leave. She was friends with several cops around town so she asked one of them how to go about getting him out of the house and he basically told her that she couldn't just throw him out instantly because he was living there. She then spoke to an attorney, who told her the same thing. So I understand that laws vary from state to state, but don't MOST states have some law like that?
I live with 2 other girls. Myself and another girl are on the lease. The lease will be up July 31st. The other girl who is on the lease with me will NOT be resigning this lease. She said she has a new place that isnt available till sept. 1st. She told me today she will not be leaving till the end of August. Myself and my other roommate DO NOT want her staying since she is the roommate from hell. I kid you not. My question is does she have any legal rights to stay in the apt since her name will no longer be on the lease come August 1st. My name and my other roommate will be signing the lease. The one who will no longer be on the lease keeps telling me and my other roommate she is staying and has the right to stay even tho she isn't on the lease. I can't imagine this to be true at all. can someone please let me know. We also have another girl, a friend of mine wanting to move in and be on the lease with us.
thank you!
do something crazy like i did. clear it with your landlord and ask him if u can change the locks, then tell your room mate you're changing the locks and they'll leave. not sure how legal it is, but they'd rather leave over having their stuff locked somewhere that they cant get it
Correct me if I'm wrong, but don't most states have some type of residency law so that even if a person isn't on the lease, they can't just be thrown out of someplace they are living without notice?
I may not have worded it correctly so I'll try it this way. A friend and his sister rented an apartment together. The sister started dating a guy and he started spending the night. Then he would be over there all day and night for a couple days at a time. He then started moving his things in. He wasn't on the lease, but they never did anything to stop him so for all intents and purposes, they were allowing him to move in even though he wasn't on the lease. Him and her broke up, but he wouldn't leave. She was friends with several cops around town so she asked one of them how to go about getting him out of the house and he basically told her that she couldn't just throw him out instantly because he was living there. She then spoke to an attorney, who told her the same thing. So I understand that laws vary from state to state, but don't MOST states have some law like that?
Hi, The roommate who is not signing the new lease has known we needed her to vacate by August 1st for 2 months or more now. She is now refusing and telling us that the new girl who is signing the new lease with us should look for another place. She also thinks, as she told us that she will "stay as long as she likes and there is nothing we can do about it." I believe she is acting this way because the night before she got drunk and threw a plate at her boyfriend who my roommate and I believe was who her new apartment was going to be with (she had already told us she found something a while back). And needless to say after she did that she magically has no place to go.
Correct me if I'm wrong, but don't most states have some type of residency law so that even if a person isn't on the lease, they can't just be thrown out of someplace they are living without notice?
I may not have worded it correctly so I'll try it this way. A friend and his sister rented an apartment together. The sister started dating a guy and he started spending the night. Then he would be over there all day and night for a couple days at a time. He then started moving his things in. He wasn't on the lease, but they never did anything to stop him so for all intents and purposes, they were allowing him to move in even though he wasn't on the lease. Him and her broke up, but he wouldn't leave. She was friends with several cops around town so she asked one of them how to go about getting him out of the house and he basically told her that she couldn't just throw him out instantly because he was living there. She then spoke to an attorney, who told her the same thing. So I understand that laws vary from state to state, but don't MOST states have some law like that?
All of them do, to some degree.
Yes, in most states its a 30 day notice if they live there and rent is paid monthly. If they aren't out after that 30 day notice, eviction proceedings start. If the judge issues the eviction, a date is set that the sheriff comes out and will forcibly drag the tenants out if need be, and the landlord can change the locks, put their stuff in storage, etc...
In this case, they have given her in excess of the thirty day notice. They need to provide it in writing, so that come August 1 if she isn't out, they can start eviction proceedings.
OP, you need to discuss this issue with the landlord. If you have already signed the new lease and she is not on it, then she needs to be evicted. The landlord has to evict her.
At least that is the official stance.
But in any event, you need to discuss this issue with the landlord especially since you are moving in a new roommate/lessee. Leave out the drama with the boyfriend. It's drama and has no bearing on the lease or her not moving out.
OP, you need to discuss this issue with the landlord. If you have already signed the new lease and she is not on it, then she needs to be evicted. The landlord has to evict her.
At least that is the official stance.
But in any event, you need to discuss this issue with the landlord especially since you are moving in a new roommate/lessee. Leave out the drama with the boyfriend. It's drama and has no bearing on the lease or her not moving out.
If the landlord goes to evict he is going to clear the unit
Unless there is a no sublease agreement the additiotparty is the tenant of the lease holders. If there is a no sublease agreement the landlord is going to clear the unit and they will all be out on their butts.
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